City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Raj Salwan, Vice Mayor
Teresa Keng, District 1
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Teresa Cox, District 6
City Staff
Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council
Agenda and Report
May 17, 2022
General Order of Business
1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
2. Consent Agenda
3. Ceremonial Items
4. Public Communications
5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees
6. Report from City Attorney
7. Other Business
8. Council Communications
9. Adjournment
IMPORTANT NOTICE REGARDING THE
CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.
Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.
Submission of Public Comments: For those wishing
to make public comments at the May 17, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .
See instructions on next page.
Agenda and Report - Fremont City Council Meeting - May 17, 2022
May 17, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:
Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.
Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.
How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 818 9886 0345. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/81898860345
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.
Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.
Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.
Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.
The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov
Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.
Information about the City or items scheduled on the Agenda and Report may be referred to:
Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060
Your interest in the conduct of our City’s business is appreciated.
May 17, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 17, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.
C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE SECTION 18.47
(DOWNTOWN DISTRICT) TO ALLOW FOUR CURB CUTS ON THE
NORTHWEST SIDE OF CAPITOL AVENUE BETWEEN STATE STREET AND FREMONT BOULEVARD (PLN2022-00260)
RECOMMENDATION: Adopt ordinance.
D. CISCO CATALYST 9606R SWITCHES WITH SMART NET TOTAL CARE - Authorize the City Manger, or Designee, to Issue a Purchase Order, in an Amount of $409,526.67 to ConvergeOne Inc. for Two Cisco Catalyst 9600 Series switches and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary.
Contact Persons:
Name: David Yu Sanford Taylor
Title: Infrastructure Services
Manager
IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or Designee, to issue a purchase order, in an Amount of $409,526.67 to ConvergeOne Inc. for two (2) Cisco Catalyst 9600 Series switches, and to execute any implementing documents and take any implementing actions as necessary.
May 17, 2022 Fremont City Council Page 4
E. GENERAL SERVICES AGREEMENT FOR WEED AND WASTE ABATEMENT SERVICES - Authorize the City Manager or Designee to Execute the General Services Agreement with Imhof Tractor Services, Inc. for Weed and Waste Abatement Services Throughout the City
Contact Persons:
Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]
RECOMMENDATION: Award general services agreement through June 30, 2027 and authorize the City Manager or designee to execute the agreement with Imhof Tractor Services Inc., for a total not to exceed amount of $1,128,435.02. The contract not to exceed amount for fiscal year 2022/23 is $204,218.30 F. LOCAL HOUSING TRUST FUND (LHTF) FUNDING RECOMMENDATION - Resolution Approving $5 Million in LHTF to Finance the Development of the 3900 Thornton Affordable Housing Project and Authorizing the City Manager to Execute Agreements with Resource for Community Development and Making Findings of CEQA Exemption
Contact Persons:
Name: Sharon Jones Dan Schoenholz
Title: Special Assistant Community Development Director Dept: Community Development Community Development
Phone: 510-494-4500 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a Resolution Approving $5 Million in LHTF to Finance the Development of the 3900 Thornton Affordable Housing Project and Authorizing the City Manager to Execute Agreements with Resource for Community Development.
G. STATE AFFORDABLE HOUSING GRANT - Resolution Authorizing Submission of a Grant Application to the State of California's Local Housing Trust Fund Program
Contact Persons:
Name: Sharon Jones Dan Schoenholz
Title: Special Assistant Community Development Director Dept: Community Development Community Development
Phone: 510-494-4500 510-494-4438
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a Resolution authorizing the City Manager, or designee, to submit an application for $5 million in grant funds from the State’s Local Housing Trust Fund (LHTF) Program, authorizing execution of a contract for LHTF Program funds if the City is selected for funding, and making findings of CEQA exemption.
May 17, 2022 Fremont City Council Page 5
H. BELL STREET GARDENS AFFORDABLE APARTMENTS – Adopt Resolution to Authorize the Execution of a Loan Agreement with Resources for Community Development to Include $1 Million in FY 2020/21 Federal HOME Funds for the Development of the Bell Street Gardens Affordable Apartments; and Appropriate $1 Million in Federal HOME Funds and Making Findings of CEQA Exemption
Contact Persons:
Name: Robert Lopez Lucia Hughes
Title: CDBG Administrator Housing Manager
Dept: Human Services Department Housing
Phone: 510-574-2043 510-494-4506
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Adopt a resolution approving a loan of $1,000,000 in FY 2020/21 HOME funds to Resources for Community Development for the development of the Bell Street Gardens Affordable Apartments and authorizing the City Manager or designee to execute all necessary HOME-related implementing documents with Resources for Community Development and Alameda County.
2. Appropriate $1,000,000 in HOME funds (Fund 103) to the Bell Street Gardens Project.
I. VACATION OF EASEMENT AT 5588 CUSHING PARKWAY - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway in Bayside Industrial Community Plan Area (PLN2022-00129)
Contact Persons:
Name: Kelly Reynolds Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Engineering Public Works
Phone: 510-494-4737 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Find the action is exempt from CEQA review.
2. Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway.
J. AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:
Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]
RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:
1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;
2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and
May 17, 2022 Fremont City Council Page 6
3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on June 14, 2022.
3. Ceremonial Items
A. Proclamation: International Day Against Homophobia, Transphobia, and Biphobia
B. Proclamation: Harvey Milk Day
C. Proclamation: Older American Month
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5. Scheduled Items - None.
6. Report from City Attorney - None.
7. Other Business
A. FY 2022/23 PROPOSED OPERATING BUDGET - Presentation of Fiscal Year 2022/23 Proposed Operating Budget for the City of Fremont Contact Persons:
Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
RECOMMENDATION: Accept staff’s budget presentation and provide comments.
8. Council Communications
A. Council Referrals - None.
B. Oral Reports on Meetings
9. Adjournment
May 17, 2022 Fremont City Council Page 7
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
May 17, 2022 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 May 17, 2022 6:00 p.m. City Council Meeting –
Closed Session
Council
Chambers Live
May 17, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 24, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
May 24, 2022 No 7 PM City Council
Meeting (4th Tuesday)
May 31, 2022 No 7 PM City Council
Meeting (5th Tuesday)
June 7, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 14, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 21, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 28, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
June 28, 2022 No 7 PM City Council
Meeting (4th Tuesday)
July 5, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
August Recess – No City Council Meetings
September 6, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 13, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 20, 2022 7:00 p.m. City Council Meeting Council Chambers Live
September 27, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live